Description

Adjudicative Criminal Procedure: A Comparative Approach 1st Edition Stephen C. Thaman ISBN 9798892070843

Adjudicative Criminal Procedure: A Comparative Approach, First Edition draws from Chapters 1 and 10–18 of the author’s Criminal Procedure: A Comparative Approach, First Edition to provide an in-depth exploration of the full “due process” criminal trial. The book examines the rights guaranteed under the Sixth Amendment in the U.S., including the right to a speedy trial by an impartial jury representing a fair cross-section of the community, the right to confront and cross-examine witnesses, and due process protections such as pretrial release, discovery, the presumption of innocence, and proof beyond a reasonable doubt. These rights are compared to Article 6 of the European Convention on Human Rights, which is largely similar, except for the absence of a jury trial.

The book also addresses the decline of the full “due process” trial in the U.S. due to coercive plea bargaining, which often pressures both guilty and innocent defendants to forfeit their trial rights. It highlights how the classic U.S. jury trial differs from most European systems in terms of evidence presentation and evaluation, confrontation rights, hearsay admissibility, reasoned judgments, double jeopardy, and the finality of verdicts. Special attention is given to the challenges of ensuring impartial juries and the limitations of trial and evidence rules in preventing wrongful convictions.

Benefits for Instructors and Students

• Cases and Excerpts: A rich selection of well-edited U.S. and international cases for comparative analysis and classroom discussion.

• U.S. Law Notes: Summaries and insights on key cases, highlighting variations among states and how some provide greater protections than the U.S. Supreme Court.

• Discussion Questions: Thought-provoking prompts designed to encourage students to compare U.S. and foreign legal approaches and debate which methods may be preferable.

• Online Appendix: Extensive high court opinions and statutory materials for deeper exploration, especially useful in classes with limited U.S. law focus or for research projects.

• Glossary of Terms: Translations from French, German, Italian, Russian, and Spanish to clarify terminology for non-U.S. students.

• Further Reading: Chapter-end recommendations of U.S. and comparative law books and articles for extended study.

• Coverage of Confrontation: Includes material usually taught in U.S. Evidence courses, integrated into the comparative framework.

Adjudicative Criminal Procedure: A Comparative Approach 1st Edition Stephen C. Thaman ISBN 9798892070843, 979-8892070843 & 9798892070867

Author
Stephen C. Thaman